Douglas John Fry be convicted of the offence of forcible confinement on 3 May 2020 and be sentenced to 1 year and 11 months imprisonment, to commence on 27
September 2020 and end on 26 August 2022.
2.
Douglas John Fry be convicted of the offence of assault occasioning actual bodily harm on 28 April 2020 and be sentenced to 8 months imprisonment, to commence on 27 June 2022 and end on 26 February 2023.
3.
Douglas John Fry be convicted of the offence of dishonestly driving a motor vehicle without the owner's consent and be sentenced to 8 months imprisonment, to commence on 27 February 2023 and end on 26 October 2023.
4.
Douglas John Fry be convicted of possessing a drug of dependence and be sentenced to 1 months imprisonment, to commence on 27 September 2023 and end on 26 October 2023.
5.
A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for him for a period of 12 months from today, 12 January 2021, in respect of the offence of forcible confinement, the primary offence, of which he has been convicted and for which he has been sentenced.
6.
That Order be extended to the offences of dishonestly driving a motor vehicle without the owner's consent, possession of a drug of dependence and assault occasioning actual bodily harm, of which he has also been convicted and for which he has also been sentenced, being associated offences to the primary offence.
7.
It be noted that convictions for the primary offence and associated offences have been recorded and sentences have been imposed for them, which convictions and sentences are hereby incorporated into the Drug and Alcohol Treatment Order as part of the custodial part of the Order.
8.
The total sentence of three years and one months imprisonment, being the total of the sentences for the primary offence and the associated offences, be suspended from today, 12 January 2021, until 26 October 2023, under s 80W of the Crimes (Sentencing) Act 2005 (ACT).
9.
Douglas John Fry be required to sign an undertaking to comply with the offender's Good Behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 21 months and 15 days, from 12 January 2022 to 26 October 2023, with a probation
condition that he accept the supervision of the delegate, for the period of the Good Behaviour Order or such lesser period as the person supervising him considers appropriate, and obey all reasonable directions of the person supervising him.
10.
For the treatment and supervision part of the Drug and Alcohol Treatment Order, Douglas John Fry be required to comply with the core conditions of the Order as set out in s 80Y of the Crimes (Sentencing)…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
R v Fry [2021] ACTSC 138
Case
[2021] ACTSC 138
Decision Date
CaseChat Overview and Summary
This case involved the sentencing of Douglas John Fry, who pleaded guilty to various charges, including forcible confinement, assault occasioning actual bodily harm, dishonestly driving a motor vehicle without the owner's consent, and possessing a drug of dependence. The Supreme Court of the Australian Capital Territory, presided over by Refshauge AJ, imposed a sentence of three years and one month imprisonment, suspended for two years and nine months, and ordered the imposition of a Drug and Alcohol Treatment Order for a period of 12 months. The court considered the seriousness of the offences, particularly the family violence offences, and the need for punishment and general deterrence. The court also took into account Mr Fry's background, his mental health issues, and his potential for rehabilitation. The sentence imposed reflects the criminality of the offences committed while also providing an opportunity for Mr Fry to rehabilitate and address his drug dependency and relationship issues.
The final orders of the court included the conviction and sentencing of Douglas John Fry for the offences of forcible confinement, assault occasioning actual bodily harm, dishonestly driving a motor vehicle without the owner's consent, and possessing a drug of dependence. The court also made a Drug and Alcohol Treatment Order for a period of 12 months, suspended the total sentence of three years and one month imprisonment, and imposed various conditions and requirements for Mr Fry to comply with during the treatment and supervision period. These conditions included completing a 13-week day program, participating in a domestic violence perpetrator program, and attending court as required. The court emphasised the importance of honesty, rehabilitation, and addressing underlying issues to facilitate Mr Fry's successful reintegration into the community.